PRINTER'S NO. 54
No. 52 Session of 1975
INTRODUCED BY ZEARFOSS, DININNI, RITTER AND A. K. HUTCHINSON,
JANUARY 27, 1975
REFERRED TO COMMITTEE ON TRANSPORTATION, JANUARY 27, 1975
AN ACT
1 Amending the act of April 29, 1959 (P.L.58, No.32), entitled "An
2 act consolidating and revising the Vehicle Code, the Tractor
3 Code, the Motor Vehicle Responsibility Act and other acts
4 relating to the ownership, possession and use of vehicles and
5 tractors," requiring exhaust system on all motor vehicles
6 notwithstanding that they are not being operated on a highway
7 and providing penalties.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 828, act of April 29, 1959 (P.L.58,
11 No.32), known as "The Vehicle Code," amended June 15, 1968
12 (P.L.332, No.162), is amended to read:
13 Section 828. Prevention of Noise.--
14 (a) No person shall operate a motor vehicle, except fire
15 department and fire patrol apparatus, [on a highway,] unless
16 such motor vehicle is equipped with an exhaust system, in good
17 working order and in constant operation, to prevent excessive or
18 unusual noise.
19 (b) It shall be unlawful to use a muffler cutout, or a
20 bypass in a muffler, on any motor vehicle, except fire
1 department and fire patrol apparatus. It shall also be unlawful
2 to operate a motorcycle [on a highway] from which the inner
3 baffles of the muffler have been removed.
4 (c) No person shall operate a motor vehicle [on any
5 highway,] (1) equipped with a muffler from which the baffle
6 plates, screens or other original internal parts have been
7 removed or altered; (2) equipped with an exhaust system which
8 has been modified in a manner which will amplify or increase the
9 noise emitted by the motor of such vehicle above that emitted by
10 the exhaust system originally installed on the vehicle; (3)
11 equipped with an exhaust system which has been modified or
12 altered in any way from that furnished by the vehicle
13 manufacturer: Provided, however, That equipment equivalent to
14 that originally used may be substituted when parts are replaced,
15 and provided further, that the exhaust system of a commercial
16 motor vehicle, truck tractor, motor bus or motor omnibus may be
17 modified, altered or relocated if the emitted noise is not
18 thereby increased; or (4) equipped with an exhaust system which
19 has been repaired in any manner except for the substitution of
20 like or equivalent parts.
21 (d) No violation charged under this section for causing
22 excessive noise shall be proved except by the testimony of at
23 least two (2) peace officers who were on the scene of the
24 alleged violation each testifying that in his opinion the noise
25 caused was excessive and each describing such excessive noise.
26 Penalty.--Any person violating any of the provisions of this
27 section, shall, upon summary conviction before a magistrate, be
28 sentenced to pay a fine not to exceed twenty-five dollars
29 ($25.00), and costs of prosecution, or to undergo imprisonment
30 not to exceed fifteen (15) days, or both.
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1 Section 2. This act shall take effect in 60 days.
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